On March 28, 2025, the Italian Council of Ministers approved an emergency decree (decreto-legge) changing the eligibility criteria for Italian citizenship by descent. Now, the decree is being reviewed by the Italian Parliament, and within 60 days from March 28, they can either adopt the decree into law as is, amend it, or reject it.

There have been ongoing discussions in Parliament regarding the constitutional validity of the decree and several amendments have already been proposed. This article will explore the specifics of the decree, the legal implications and changes that may arise as the decree is possibly converted into law.

Impact of Decree-law No. 36/2025

To recap the changes made by Decree-law no. 36/2025, prior to March 28, 2025, individuals seeking Italian citizenship by descent only needed to demonstrate an unbroken chain of Italian citizenship to an Italian-born ancestor. There were no generational limits, as long as the ancestor was alive in 1861, the year Italy became a unified nation.

The March 28^th decree altered these criteria, limiting eligibility to individuals with an Italian-born parent or grandparent. Additionally, minor children of recognized Italian citizens may be eligible for citizenship only if their parent resided in Italy for at least two years before their birth or if the child was born in Italy.

The decree specifies that the previous rules will apply to applications submitted before 11:59 p.m. Rome time on March 27, 2025 at an Italian consulate, municipality, or court.

Emergency Decree Review Process

Decree-law no. 36/2025 is an emergency decree that was issued by the Italian Council of Ministers. This is a type of legislation generally used in emergency situations where the provisions take immediate effect. The decree must then be approved by the Italian Parliament within 60 days, during which time Parliament can either adopt it as law, amend it, or reject it altogether.

During this 60-day time period, the Italian Parliament reviews the decree, particularly in relation to its constitutional validity, and can propose amendments to change the decree. If these amendments are voted on and approved by the majority of the Parliament, the decree will be revised accordingly.

Proposed Amendments to Modify the Decree

Throughout these ongoing discussions in Parliament, several amendments have already been proposed to modify the final text of Decree-law no. 36/2025. Particularly many members have recommended a transition period, or “grace period”, for people to submit their citizenship applications. This stems from the retroactive nature of the decree, which many argue violates the Italian Constitution. By creating a retroactive deadline, many people who were already in the process of preparing their citizenship application would now be ineligible to apply under the new criteria. While the government argues the decree is not retroactive because it is removing the ability to apply for Italian citizenship for those who never exercised their right during the previous years, it’s not taking into account those who have taken action to compile or submit their citizenship application. These individuals would be in a different category and should not be treated like the other category of people who never exercised their right to apply for Italian citizenship.

A proposed amendment is addressing this discourse, and may open a pathway for those who made attempts to book citizenship appointments or file a citizenship case before the issuance of the decree, allowing them to use previous eligibility rules. In fact, there is also a strong legal argument to be made that people who took several actions towards filing a citizenship application should be subject to the old rules.

These actions could include someone who has already collected their documents, as the documents would have exact date stamps showing they were collected in the recent years or months, or legalized their records with an apostille in the recent months or years. Also, someone could have been in the process of certifying their translations with a notary, which is a clear indication that they were about to file their case. Other significant actions include someone who signed a power of attorney before a notary to give an Italian attorney the right to represent them in their citizenship case at the Italian courts. Additionally, for those who were planning to apply at an Italian consulate, if they booked an appointment prior to the decree but the appointment was far out in the future, or the person was trying to create an account with the consulate or book an appointment but was unable, or the person was in the queue and waiting to be called, these all could be considered clear indications the person was in the process of submitting their application but they were not able to file, through no fault of their own.

Other amendments have been proposed pertaining to the minor children of recognized Italian citizens that could allow them to be eligible for Italian citizenship. A possible amendment states that it would be sufficient for the parent to register their minor child through their local consulate before the child turns 2 years old or another amendment states before the child has turned 18 years old. In both cases it would be required that the recognized parent is registered with AIRE (Registry of Italian Citizens Residing Abroad).

Finally, some members of the parliament have proposed to allow individuals of Italian descent to apply for recognition of Italian citizenship only if they have an Italian parent or grandparent who was exclusively an Italian citizen throughout their life.

It’s important to note that this article has simply highlighted some of the most significant amendments that have been proposed, but there are others being discussed that have not been covered in this article.   

Next Steps

Discussions are ongoing in Parliament regarding the constitutional validity of the decree and proposed amendments. There will be a vote on these amendments before the end of this 60-day period. Also, if the decree is converted into law, it will no longer be effective and have a retroactive validity.

For current updates and information on the possible conversion of the decree into law, be sure to visit italiancitizenshipassistance.com, subscribe to our Podcast, or contact us if you have further questions.